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(1) As a condition of service or employment the city must provide to an official or employee, subject to the conditions and requirements of this chapter, and notwithstanding the fact that such official or employee may have concluded service or employment with the city, such legal representations as may be reasonably necessary to defend a claim or law suit filed against such official or employee, including coroner’s inquests for police officers resulting from any conduct, act or omission of such official or employee performed or omitted on behalf of the city in their capacity as a city official or employee, which act or omission is within the scope of their service or employment with the city. This chapter is subject to repeal or modification at the sole discretion of the city, unless such discretion is limited with respect to any employee or class of employees due to collective bargaining obligations.

(2) The legal services must be provided by the office of the city attorney unless:

(a) Any provision of an applicable policy of insurance provides otherwise; or

(b) A conflict of interest or ethical bar exists with respect to said representation.

(3) In the event that outside counsel is retained under subsection (2)(b) of this section, the city must indemnify the employee the reasonable costs of defense; provided, that in no event may the officer or employee be indemnified for attorneys’ fees in excess of the hourly rates established by the city’s contract with its city attorney. The officer or employee is liable for all hourly changes in excess of the rate. (Ord. 1514 § 1 (Exh. A), 2023).